February 10, 2007 at 11:49 am #52626
We bought a property which was due for completion in October, just before completion a contaminated snail was found in Palomares, this led us to find that there had been Plutonium bombs dropped after a mid air crash by Americans 40 years ago, monitoring of the area since then has revealed a snail in the area indicating that Palomares may still apparently be contaminated.
Fortunately there was no habiation certificate in place so we have not yet completed
There is now to be a 2 year trawl of the field where the contamination originally was ( by 20 americans)
No one wants to use it now, so we cannot rent it or use it or sell it until the area is cleared (or not depending on the results of the 2 year survey)
Our solicitor advised us the contamination is not a valid reason to back out without losing £30,000, half of our deposit ( although her copy of the contract states £15,000)
We are devastated, have we no comeback at all?
The contamination is apparently between Palomares village & Desert Springs so its not just our development which will be affected!
There is still no habitaion certificate and 4 months over guaranteed completion date, but still not a reason to back out & get our deposit back?
There is a Bank guarantee with this development but I am not sure what benefit this will be to us at the moment
February 10, 2007 at 12:44 pm #69131
I am sorry to hear your situation. I have not yet come across one lawyer who has found a bonafide reason for not completing in favour of the buyer.
They all will stress on you to complete, no matter how serious the issues are in terms of legality, heath and safety, misdescription, quality of finsh etc, etc.
Is it that they want the file to be closed ( A file that they could have been sitting on for say 24 months plus ) to get their fee. ?
I feel that perhaps you and others have to get an independent analysis done to have a report of the level of contamination that could be accepted.
This is a new one and for one will be following it with interest
February 10, 2007 at 7:48 pm #69134
Palomares comes under Cuevas del Almanzora, which, as yet, has not had it’s PGOU approved by Almería, So, I doubt whether there is a legal licence to build (yet) – this may be an ‘out’ for you.
February 11, 2007 at 3:43 pm #69149
It may be worth getting advice from an independant lawyer outside of the area as this is an impossible situation for you.
Surely a major health risk has to be taken into account and if the development is illegal anyway then you cannot be expected to complete an illegal contract (UK law anyway)
February 22, 2010 at 4:32 pm #97138
Perhaps the poster who has dug up this thread could answer this one too
The property referred to in the post by Elsdonjill is not at, nor close to, Desert Springs.
The property must be within part of Palomares village, which is the only place where there any new properties close to a contaminated area. It is the case that there are a number of “illegal” properties in that area that have had difficulty obtaining a licence of first occupation for other unrelated reasons. That area is 4.5 km from the very closest part of Desert Springs as the crow flies.
There is another area of contamination that is just over 1 km away by a cemetery, but there is no other development, new or otherwise, nearby.
The intervening land has been confirmed free of contamination.
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